BILL NUMBER: SB 1343	CHAPTERED  09/07/00

	CHAPTER   314
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 2, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   JUNE 27, 2000
	AMENDED IN SENATE   MAY 9, 2000
	AMENDED IN SENATE   MAY 3, 2000
	AMENDED IN SENATE   APRIL 24, 2000
	AMENDED IN SENATE   APRIL 12, 2000
	AMENDED IN SENATE   MARCH 29, 2000

INTRODUCED BY   Senator Monteith
   (Principal coauthor: Assembly Member Briggs)
   (Coauthors:  Senators Costa, Mountjoy, and Poochigian)
   (Coauthors:  Assembly Members Cardoza, Florez, and Olberg)

                        JANUARY 10, 2000

   An act to add Section 3058.65 to the Penal Code, relating to
parole.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1343, Monteith.  Parole:  child abuse.
   Existing law requires that whenever a person confined in prison
for a violent felony as defined, is to be released upon parole, the
parole authority must notify the specified local law enforcement
agency and the district attorney, who has jurisdiction in the
community where the parolee is to be released.  The notice must be
made at least 45 days prior to the scheduled release of the inmate
and must include specified information relating to the parolee,
including the parolee's name, whether the parolee is required to
register with local law enforcement, and the community in which the
parolee will reside upon release.  The agencies receiving notice are
authorized to provide written comment to the parole authority
responding to the scheduled release and these comments must be
considered by the parole authority who is authorized to modify its
decision regarding the community in which the parolee is to be
released.
   This bill would impose upon the parole authority those same notice
requirements whenever a person confined in state prison for
specified crimes involving child abuse as specified, or any sex
offense specified as being perpetrated against a minor, or as ordered
by a court, is scheduled to be released.  However, the notice would
be required instead, to be given to the immediate family of the
parolee who requests that notification and who provides the
department with a current address.  In addition to the specified
information stated above, the required notice also would have to
include the parolee's terms of parole.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known as, and may be cited as,
"Dustin's Law."
  SEC. 2.  Section 3058.65 is added to the Penal Code, to read:
   3058.65.  (a) Whenever any person confined in the state prison is
serving a term for the conviction of child abuse, pursuant to Section
273a, 273ab, 273d, or any sex offense specified as being perpetrated
against a minor, or as ordered by a court, the Board of Prison
Terms, with respect to inmates sentenced pursuant to subdivision (b)
of Section 1168, or the Department of Corrections, with respect to
inmates sentenced pursuant to Section 1170, shall notify  the
immediate family of the parolee who requests that notification and
who provides the department with a current address that the person is
scheduled to be released on parole, or rereleased following a period
of confinement pursuant to a parole revocation without a new
commitment, as specified in subdivision (b)
     (2) For the purposes of this paragraph, "immediate family of the
parolee" means the parents, siblings, and spouse of the  parolee.
   (b) (1) The notification shall be made by mail at least 45 days
prior to the scheduled release date, except as provided in paragraph
(2).   The notification shall include the name of the person who is
scheduled to be released, the terms of that person's parole, whether
or not that person is required to register with local law
enforcement, and the community in which that person will reside.  The
notification shall specify the office within the Department of
Corrections that has the authority to make the final determination
and adjustments regarding parole location decisions.
   (2) When notification cannot be provided within the 45 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (3), the department shall provide
notification to the parties specified in subdivision (a) as  soon as
practicable, but in no case less than 24 hours after the final
decision is made regarding the location where the parolee will be
released.
   (c) In no case shall the notice required by this section be later
than the day the person is released on parole.
